I spoke to our MP on the subject and he asked me to tell him what our objections are. Here I have redrafted the Bill as I feel it should be: Please take up:

Govt. Draft above and my suggestions below each section/point.

Introduction:

A BILL to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

My Objections/suggestions (Manzurul Haque)

Introduction:

A BILL to protect the rights of married Muslim women and to prohibit the misuse of Talaq by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

(Note: Sure enough, Govt of India, does not want to selectively close the option of divorce to a Muslim couple)

Statement of Objects:

Point 3. In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there have been reports of divorce by way of talaq-e-biddat from different parts of the country. It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce.

(Note: Too much of a substandard clerical language really)

My Objections/suggestions (Manzurul Haque)

Statement of Objects:

Point 3. Supreme Court has declared void and illegal, what is popularly known and pracised amongst Indian Muslims as talaq-e-biddat , which in other words means, pronouncing of the word talaq three times in one sitting, by husband, giving finality to the divorce. Since this practice is widely prevalent in India, it is imperative to attach penal provisions to punish the promoters of such practice, be that the husband or his accomplices, in the furtherance of this practice.

Point 4. In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them.”

My Objections/suggestions (Manzurul Haque)

Point 4. (Note: Not needed being redundant)

Section 2. In this Act, unless the context otherwise requires,— (a) "electronic form" shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000; (b) " talaq-e-biddat” or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband; and (c) "Magistrate" means a Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where a married Muslim woman resides.

My Objections/suggestions (Manzurul Haque)

Please add this after (a) to (c) of Section 2 (definitions):

(d) Any number of pronouncements of the word 'talaq’ shall be counted as one which is the initiation of the process of talaq, to bring the talaq into completion at the end of Iddat perid.

(e) Halala: Halala should be understood as that kind of farcical halala, reportedly practiced in India, in which, after the talaq, the wife in question, intentionally contracts a marriage with another person, to premeditatedly seek similar talaq, from that another person she so marries, so that she becomes eligible and available to marry her ex-husband.

(f) Iddat: The iddat is a time period intervening between pronouncement of and legal effectiveness of talaq, with certain obligations, during which the divorced wife cannot re-marry with another person. The iddat of a woman, divorced by her husband is three monthly periods, unless she is pregnant in which case the iddat shall last until she gives birth. If the marriage was not consummated or if she does not menstruate, then in such cases, there is no iddat, and therefore a constructive period of three lunar months shall be deemed as the iddat for effecting reconciliation and reconsideration.

For a woman whose husband has died, the `iddah is four lunar months and ten days after the death of the husband, whether or not the marriage was consummated.

(i) Consent: In the case of a farcical halala taking place, the consent of a woman though given freely for the farcical halala, under influence of religion, would be legally deemed as obtained under psychological duress and would therefore be treated as ‘no consent'

Section 3 of the draft legislation reads,

Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

My Objections/suggestions (Manzurul Haque)

Section 3. Any pronouncement of talaq, intending to be talaq-e-biddat, by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal. Any number of pronouncements of the word 'talaq’ shall be counted as one which is the initiation of the process of talaq, to bring the talaq into completion at the end of Iddat period. Before expiry of iddat-period, the husband shall not disturb or would be compelled to disturb the status quo of residence of wife, custody and residence of children, expenses of household and family members etc, the essential concomitants of a married life; and the husband shall have to undergo a formal counseling by a committee of two relatives, the proceedings of which shall be duly recorded as a legal document. During this period husband can re-establish relationship , called rujoo, with wife and has a right to do so. After Iddat period, man and woman by mutual consent alone, can perform fresh nikah and any interference in their performing fresh nikah would be deemed as perpetuating and promoting talaq-e-biddat . This opportunity of nikah with ex-wife, will however seize after the third talaq in the life time of the couple.

Section 4 of the Bill states;

"Whoever pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and fine.

My Objections/suggestions (Manzurul Haque)

Section 4. The impact of this criminal Act is not aimed at the interpersonal conjugal relationship between husband and wife, but on the social space in which the couple is situated, which leads to serious injustices to Muslim women. Therefore, upon utterance of 'Talaq' three times or more, by husband to wife, if any religious cleric or person, including a local ‘maulvi’ or ‘maulana’, is provenly found engaged in advising and or abetting separation from the wife of the husband, whatever may be the theological position on the question, which has already been divested of any legal persuasion by the Supreme Court judgment in Shayara Bano v. Union of India & Ors, 2017, then such advising person shall be punished with three years of imprisonment. If the relatives of the husband have been noticed of talking of halala and been found involved in the disturbing the status quo of the residence of the family etc., then each one of such relatives should be punished with one year of imprisonment . If a person knowing the facts of the case, actually performed so-called farcical halala with the ex-wife, irrespective of permission of wife or husband for doing the same, then the person who did halala and the maulvi who performed nikah-e-halala, shall be punished for ten and five years of imprisonment respectively.

Notwithstanding clause:

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the said Code.

My Objections/suggestions (Manzurul Haque)

Following observations of the Honorable Supreme Court in similar social criminal legislation could have been incorporated.

[Supreme Court directed that the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code. Further, "The magistrate, while authorizing detention of the accused shall peruse the report furnished by the police officer in terms of Section 41 and only after recording its satisfaction, the magistrate will authorize detention," ]

Available at manhaq@yahoo.com

By Manzurul Haque - 1/8/2018 7:00:41 AM

By Manzurul Haque - 1/8/2018 10:32:22 PM

Dear Professor Musthafa,

I must thank you to post a comment
on this website. Only if people like your good self and others from the
higher echelon of academy and masterly in juristic sciences join the group on
this forum, the discussions will be more enriched. I am reassured to read your remark: “Stern action should be taken
against violators including imprisonment and heavy fine. Naturally the question
of triple talaq will end.”

This echoes
my following statement in my article referenced below:

“In other words, instant triple divorce must
be declared constitutionally invalid and culpable in the eye of Law, and not
included in Nikahanama as a condition of prenuptial contract.”

Re: Triple Talaq must be invalidated constitutionally and criminalized
– inclusion of prohibitive clause in Nikahnama could allow its perpetuation by
defaulters.

It is wonderful and disastrous to see the discussion by the self-styled intellectuals. I dont understand why they want to skip the real issues of safety and security of man and women in shariat. There is systematic and scientific procedure of diverse (from man's and woman's side) in shariat. If it is node inculded in Indian shariat code it should be included what safe guard the interest of man and woman equally. Thos einvolved in the discussion, including AIMPLB is skipping away. Stern action should be taken against violators including imprisonment and heavy fine. Naturally the question of triple talaq will end. no body should be allowed to take religion or anything as a vurtain or protection for their violation. presently triple talaq is not the issue. Addressing the exploitation in the name of religion is the issueBy prof. m.m.musthafa - 5/25/2017 3:39:25 AM

Mohammed is an Arabian.Islam is a Arabian cultural movements which has its roots in ancient Arabia and its head is not yet found out.As every culture is subject to innocation towards perfection.Stagnation would prove disastrous.Pre Mohammdaan culture celebrated IDOLs,But Mohammed banished them. Similarly Talaq wich is an ancient Arabian practice, need to be banished from the soil of our earth.By DR.A.ANBURAJ - 5/6/2017 1:10:52 AM

@gulam mohiyuddin K ban triple talaq.But when u r talking about gender equality.U should also raise the issue of banning the saints sadhus who roam naked in full public

Why only man?Is this gender equality?

Suppose if their where womens in the place of man.Till now it would have been banned.Why this in equality.

By Bristol King - 4/23/2017 11:25:49 AM

@Ghulam Mohiyudin Itz Not what Muslim personal Law board says..

Itx what Quran anD Hadees is saying..

And this Should be clear and louder

If there is conflict it must be solved by Muslim Ullemas not By Drunk and murderer poltitions. ..Hope u understand

By R'aina F'ayaz - 4/23/2017 11:25:14 AM

Translation of Azaan:

By Jayaraman Subri - 4/23/2017 11:24:30 AM

Ayaan Hirsi Ali:

By Jayaraman Subri - 4/23/2017 11:23:59 AM

Do u know that Hindu of polygamy cannot get a govt job.meraj do u know
By ଜ୍ୟୋତିର୍ମୟ ପଣ୍ଡା - 4/23/2017 11:23:10 AM

@Meraj Siddiqui Why should you compare to Hindu in all aspects? Shows inferiority complex in you.You try to improve your community,not Hindus.Hindus know how to progress.
By Samir Padhi - 4/23/2017 11:22:48 AM

Sultan Shaheen why are you not writing about? According to survey divorces and polygamy are more we can say not double but triple and four times in hindu society rather than muslims. Read and get the knowledge. Even crimes are more in hindu society than muslims. You must focus on it and no need to be concerned about muslims. You are wasting your time unnecessarily.
By Meraj Siddiqui - 4/23/2017 11:19:18 AM

Mr Siddiqui as per the observation I made about the religions and found that all religions are based on truth but the followers are not adhering the principles imbibed in religions, and that is drawback.
By Deepak Sundar - 4/23/2017 11:17:46 AM

Sultan shahin, correct yourself first and tell. Is Quran written or revealed? Are you brother of Tarek Fatah? I think so. If one is wrong. Is it meant religion is wrong? Study the Quran first. You may be guided. Quran is the only book where there are solutions of all the problems. And there is no religion in the universe except islam. Read it properly.
By Meraj Siddiqui - 4/23/2017 11:17:13 AM

Crime and Criminals.

---------------------------

Sh.L K Advani,Murli Monohar Joshi,Uma Bharati and others are again summoned by Court for destruction of Babri Masjid and Court is getting supports from all so called Seculars ,Intellectuals,Bollywood peoples,mullahs and Maulabis.Every body wants jail for the above for destruction of just one Masjid.

In Kashmir more than three hundred Temples were destroyed since 1990 and there is no FIR,no arrest and no comments from Intellectuals,Award Wapsi gangs,Human right agencies,poets with self style humanity supporters,NGOs etc.What it shows the Seculars are only Communally biased.

It is in report that a Masjid is going for construction in a land of Hindu temple in Kerala.

It confirms that the life span of Secularism in India is till Hindus are in Majority (means Secularism is directly Connected to Hindu Majority in India).Otherwise in this world no ISLAMIC nation is Secular and in India too in the cities or Districts where Muslims are in Majority they forced others to leave those Cities/Districts/states.So we needs to teach all Citizens of India the term equality/equal status and only Uniform Civil Code will provide equality in India and Justice to all Section of Society and Muslim Women too who are victim of Tripple talaq.

U Ulema's are the most valuable people for Muslims community... Political parties and some over illetrate Muslims who wants Haram are trying to tharnish thr image....
By Mohammed Shakeeb - 4/23/2017 11:15:35 AM

The Indian Muslim Personal Law Board is a bunch of stupid, fanatic and narrow minded but clever Mullahs. They are simply trying to evade the constitutional amendments that PM Modi has planned to initiate.
By Jawwad Syed - 4/23/2017 11:04:56 AM

Muslim. People you are slapping your face with ur own shoe
By Nakib Saikia - 4/23/2017 11:02:14 AM

Adopt India

Develop Indian ness

Your country is more holy than anything

Ask your yourself

Is your religion and acts are relevant today

By Oshok Dubey - 4/23/2017 11:01:53 AM

Triple Talak has nothing to do with religion. It's entire a gender issue concerning equality and dignity of women. Moreover, religion is made for human not vice versa. So something against human dignity in any religion, that can't be part of religion coz every individual is not in the universe but he or she is the universe, an intrinsic part of it ultimately. He or she is not a person, but focal point where the universe is becoming conscious.
By Indrajeet Singh - 4/23/2017 11:01:08 AM

Iqbal Husain sahib; first my position about Koran and lack of science in it is not deliberate. I am not suggesting Muslims have come from moon. It is well known that early Arabs had scientific temper. But to confuse science and religion is comparing oranges and apples. Koran may have scientific temper; but followers of Koran are mostly blind followers. Secondly, why tie religion with science, because religion seems to stifle reason,it is more clear in Islam than anywhere else.Besides, why tell Muslims, only koranic science is important for you,rest is immaterial. It breeds tribalism. Which Muslims are struggling to caste aside.
By Bilhan Kaul - 4/23/2017 11:00:20 AM

@Rajkamal when you know the reality about your religion. Surely you will be accepting islam as your mummy papa sisters and brothers accepting but I think you won't be guided because you are (Abusive word deleted.... Editor), devil, fool and mean minded and low class of man.
By Meraj Siddiqui - 4/23/2017 10:43:55 AM

Besides it is wrong to insult people, by throwing texts on their faces. It is sufficient to say no book is divine. That includes Christian and Hindu texts.
By Bilhan Kaul - 4/23/2017 10:41:49 AM

@ Rajkamal I have nothing to say about personal matters. But people throw Quran on other faces,as if it is Einsteins theory of relativity.And just see the propaganda: you fool,you do not understand. Quran is divine. Had it been divine,people would have done better than they have done so far.lest readers defer I am prejudiced, should know that no religious book is divine.
By Bilhan Kaul - 4/23/2017 10:40:28 AM

@Sheik Aftar Ali Sir mein ek such hai ap sahamat honge ya nehi banana jarur. 1.female or male any1 can give it 2.3months time will be given for counselling.this time both will be in same home.3.who will kick out his wife instant saying and mAulana supporting it will be punished as per Law.4.ground of divorce will be existing law basis.5.maintainance will be given to uneducated and unemployed women.
By ଜ୍ୟୋତିର୍ମୟ ପଣ୍ଡା - 4/23/2017 10:26:28 AM

Quran is already modern, modernising motto of Quran and Islam is a policy of KAFIR
By Nakib Saikia - 4/23/2017 9:15:49 AM

@Ajay Singh it's true
By Saniul Islam - 4/23/2017 9:12:47 AM

In fact, the definitions of all the leading world religions are based on their contemporary needs, to help human being to evolve under Natural process on basis of peace and solidarity, not to obtain the narcissus and terrestrial bliss among the rot of massacre and inhumanity. Islam is a religion for peace and humanity. Please save Islam from the mazes of KAYHNULLA, that using the sacred teachings of Holy Quran, for their own political and professional beneficence
By Ajay Singh - 4/23/2017 9:09:56 AM

Mr Sultan Shaheen is man of wisdom and vision and as far as I can understand that those who are against him, fools haveing no wisdom to think about the problems the Muslims women suffering from.
By Deepak Sundar - 4/23/2017 9:07:05 AM

It seems this page is a part of another big lie,
By ﺭﺍﻓﻊ ﺷﻤﺴﯽ - 4/23/2017 9:06:18 AM

Muslim Women are faing problem on the isue of triple talaq

By ﺭﺍﻓﻊ ﺷﻤﺴﯽ - 4/23/2017 9:05:53 AM

Thousand and thousand NGOs, like personal board are running, no authenticity, radicals and fanatics, use for their own vested interests!
By Yaduveer Agnihotri - 4/23/2017 9:05:22 AM

Brother Kaul talked about quraan sharif and science. Here I am enclosing few links on this subject please do read all.

youtube.com/watch?v=dgnbrmNUqO0

youtube.com/watch?v=kv9nZDupu9s

shorter concise videos

(3) youtube.com/watch?v=K_ZMzUlxAkc&index=13...

(4) story of frehc scientist converting to islam ---

arabnews.com/news/443500

youtube.com/watch?v=s7izrtJyBcg

By Iqbal Husain - 4/22/2017 12:18:26 AM

@Deep Bhatnagar , Mr Bhatnagar you said that uniform civil code will end political interference. HOW ????? we have lots of religion based laws like ban on cow beef etc. under income tax laws we have "Hindu Undivided family" . December 2015 . for post of pujaries / mahants we have 100% reservation for one caste. so what you intend to say.
By Iqbal Husain - 4/22/2017 12:17:33 AM

@Prabhakar Satpute Yep uniform civil code is the best solution as it will decrease the religious political interference.
By Deep Bhatnagar - 4/22/2017 12:16:10 AM

It is time for all religions to modernise personal laws as per best civic sense, judiciousness and humanitarian considerations. But strong arm tactics, coercion, creating defamatory atmosphere should be avoided. Govt must appoint a Task Force to hold consensus and evolve a common agreable personal code.
By Prabhakar Satpute - 4/22/2017 12:13:50 AM

Destroying image of Islam I speak it as a nonsence post
By Nakib Saikia - 4/22/2017 12:13:12 AM

Destroying image of Islam I speak it as a nonsence post
By Nakib Saikia - 4/22/2017 12:13:10 AM

Will u give authority of advocate association in the hand of civil.society
By Nakib Saikia - 4/22/2017 12:12:43 AM

Dear Arjun Chandra Paul

You may find my following article very interesting - in tune with your comment:

Good suggestion! But will all our politicians of different views and hues, join together!?I have doubts, given the past track record.Even in condensing pak instigated stone pelters in Kashmir valley, there is no consenses among the politicians!
By Devarajan S - 4/20/2017 2:15:08 AM

ULEMAS LIKE TO CONTINUE TRIPPLE TALAQ FOR POLYGAMY AND PUSHING THE WEMEN TO BROTHEL CENTRES
By Arjun Chandra Paul - 4/20/2017 1:19:14 AM

Rest of India should learn from Goa state which is enjoying common civil code for last 60 years and more,wherein every marriage is compulsorily registered with civil registrar boy and girl or husband and wife has equal share on property,no individual of any religion can have more than one wife for divorce one has to approach civil court for annulment of marriage what ever may be his religion.
By Mp Naik - 4/19/2017 11:54:41 PM

The simple fact is that DIVORCE is a PROCESS to legally dissolve a marriage. And Arabic word for it is TALAQ. It is not magic word of which mere pronouncement results in dissolution of marriage.

As far as verse 2:229 is concern there is no word in the verse which can be translated as "Pronounce". So, it simply says that divorce is (allowed) two times. If couple go for divorce third time, then divorce process is not reversible. By Wazir Khan - 4/17/2017 4:13:13 PM

SHIAS ARE NATURALLY A MINORITY, THEY STRICTLY FOLLOW RASOOL (s) & HIS INFALLIBLE AHLEBAYT (a s) & THEREFORE ACCORDING TO THEM TRIPLE TALAQ , HALALAH , EVEN POLYGAMY IN PRAC TICAL TERMS ARE ALMOST HARAM FOR POLYGAMY THERE IS A VERY STRICT CONDITION , THERE SHOULD BE CONSENT OF THE EXISTING WIFE AND ONE HAS TO BE SURE TO DO EQUAL JUSTICE, AS SUCH IN SHIA ISLAM, THE REAL ISLAM, THE MAINFRAME ISLAM, ALL THE THREE ARE PRACTICALLY HARAM . AISPLB HAS ALREADY, DISSOCIATED , DCECLARED IT AS SUCH . WE ARE NOT RESPONSIBLE FOR A FEW SHIA, WHO ARE IN COMMON PLB .

IN FACT WE SHIA DON'T FOLLOW ANY OF THE INNOVATIONS MADE IN AHKAM E DEEN AFTER MOHAMMAD'S (s) DEMISED , PARTICULARLY ALL THE UNAUTHORISED, INVALID , UMAR IBNE KHATTAB , WHO DID MOST INNOVATIONS WHICH ARE ALL BIDA'A INVALID IN REAL ISLAM ., THE SHIA ISLAM .

By ZAHEER HUSAIN KHAN - 4/17/2017 5:22:55 AM

It is an excellent article that completely dismisses the false and unfounded claim that triple tallaq is a Qur'anic dictate.

The truth is, any educated Muslim of this era who is not in a state of drunkenness, or mentally impaired and says that “The triple Talaq at one go is based on the Quran” is an open denier of the Qur’anic message that stipulates a three month time frame for divorce as the article expounds quoting several Qur'anic verses and corroborating with the views of the renowned Muslim scholars of the first six centuries of Islam. This is also expounded on the strength of the Qur’an in my following article quoting the same verses as the article lists:

Triple tallaq (at one go) this day reflects a deep and abhorrent form of misogyny that can reduce a married Muslim woman to the level of bond-maid and only those who hold their wives and daughters in the lowest esteem can support by quoting some secondary sources out of socio-historical context and in complete disregard of the Qur’anic message. For them, it appears, the Secondary sources, which were obviously tailored to the needs of their era, are more sacred than the Qur’an and so all that is contradictory to Qur’anic message in the Secondary sources is apparently more sacred to these people than the word of God. Thus they have created a new Medieval-era based religion centered around the Secondary sources - which is not the Islam preserved eternally in the Qur'an - and God knows best.

By muhammd yunus - 4/16/2017 8:34:37 PM

The Ulema and community leaders have made this an identity issue. They are aware that triple talaq is out of date and has to be discontinued. However, they stick to it on the pretext of saving their faith and divine law. Unfortunately, they have support among majority of people including those who are relatively secular. Any unilateral action to enforce ban on this practice may lead to a major social unrest.
By Ashok Sharma - 4/16/2017 2:03:17 PM

All Muslim personal laws must be formulated by civil society and must comply with the following two rules:

(1) They must be consonant with the moral and ethical standards of contemporary society.

(2) They must meet the Quranic requirements of fairness, justice, equality (including gender equality), rationality, compassion and upholding the dignity of both men and women.

The Supreme Court will do well to ignore antediluvian and unsupportable arguments of groups such as the AIMPLB.